Indian Law Resource Center - Law Reformhttp://indianlaw.org/issue/law-reform
Changing the unjust and unworkable legal framework applied to Native tribes is the core of our work in the United States. Indian and Alaska Native nations live under a system of federal law that is unconstitutional, obsolete, and so deeply flawed that it makes it all but impossible for Native nations to improve their economic and social conditions.Clarifying and improving current federal Indian law is absolutely necessary for Indian nations to gain meaningful control of their lands and improve their economic and social well-being. Tribes could solve their own problems if they had a genuine opportunity and if the law applied to them were reasonably fair and consistent with the Constitution.The United Nations Declaration on the Rights of Indigenous Peoples, which we helped to win, has encouraged many Indian nations to seek long-needed changes using the Declaration as an agenda for change.Uncovering the Links Between Law Reform and Poverty ReductionWe are eager to find ways to examine and document the connection between the legal impediments to tribes’ sovereignty and development and the persistent poverty in Indian communities to strengthen our arguments on the need for changing federal Indian law.Native Land LawOur ground-breaking book, Native Land Law: General Principles of Law Relating to Native Lands and Resources, identifies the major failures of federal Indian law and sets forth 17 general principles of law that would clarify or remedy these failures. The book describes the major elements of law that would make up a new framework of law that is consistent with the United States Constitution and the UN Declaration on the Rights of Indigenous Peoples. The book provides a blueprint for possible legal reforms as well as the scholarly analysis and legal justification for these changes.Challenging the Plenary Power Rule: The Battle of the Timbisha Shoshone TribeThe Timbisha Shoshone Tribe, based in Death Valley California, is among those Indian nations enduring an especially long and nasty fight in its dealings with the United States and Bureau of Indian Affairs (BIA) – a 165-year long battle. Mohawk Nation Land Rights and the Right to Equality Before the LawFor more than a generation, we have carried on a suit to help the Mohawks recover ownership of thier lands. We are doing it both to benefit the Mohawk Nation to demand that laws benefitting Indians be enforced by the courts and that the courts accord Indian nations equality before the law.enInformal Consultations on Indigenous Participation at the UN http://indianlaw.org/wcip/informal-consultations-indigenous-participation-un
<p><img alt="" src="/sites/default/files/images/terri.jpg" style="width: 350px; height: 263px; margin: 10px; float: right;" />Center staff and board members are participating in information consultations of the current 71st session of the UN General Assembly on “Ways to enable the participation of indigenous peoples’ representatives and institutions in meetings of relevant United Nations bodies on issues affecting them.”<br /> <br />The President of the General Assembly’s 71st session will conduct four consultations. Member states of the United Nations and indigenous peoples’ representatives from around the world, including representatives of several Indian and Alaska Native nations, are invited to offer their views and respond to questions regarding the need for a new status for indigenous governing institutions at the UN, how they should be accredited, and what substantive rights of participation they should have.<br /><br />Additional consultations in 2017 are scheduled for January 30-February 1, February 27-28, and April 24-May 5 (with specific dates to be determined at a later date). The UN General Assembly is expected to make a decision on the matter before the end of its current session in September, 2017.</p><p><strong><a href="http://indianlaw.org/wcip/informal-consultations-indigenous-participation-un-april-26-2017">Video Testimony - April 26, 2017</a></strong></p><p><a href="https://www.youtube.com/watch?v=uwA0VMRniOY">Karla General, Indian Law Resource Center </a></p><p>Statement<br /><span class="file"><a href="http://indianlaw.org/sites/default/files/Statement%20on%20participation%204%2026%202017.pdf" type="application/pdf; length=332646">ILRC Statement on participation</a></span></p><p><strong><a href="http://indianlaw.org/wcip/informal-consultations-indigenous-participation-un-february-28-2017">Video Testimony - Feb. 28, 2017</a></strong></p><p><a href="https://youtu.be/Z3ys_amTneU">Karla General, Indian Law Resource Center - Participation Modalities</a><br /><a href="https://youtu.be/V2ndQDEPeT0">Chris Foley, Indian Law Resource Center - Selection Criteria</a><br /><a href="https://youtu.be/cK_HsVKlyfY">Karla General, Indian Law Resource Center - Selection Body</a></p><p>Statements<br /><span class="file"><a href="http://indianlaw.org/sites/default/files/ILRC%20statement%20re%20accreditation%20standards_Feb17%20%28Final%29.pdf" type="application/pdf; length=154567">ILRC statement re accreditation standards.pdf</a><br /><span class="file"><a href="http://indianlaw.org/sites/default/files/ILRC%20statement%20re%20venue%20%2828February%20Consultation%29%20%28Final%20Draft%29.pdf" type="application/pdf; length=160893">ILRC statement re venue.pdf</a></span> <a href="http://indianlaw.org/sites/default/files/ILRC%20statement%20re%20selection%20mechanism%20%28February%20Consultation%29%20%28Final%29.pdf" type="application/pdf; length=152526">ILRC statement re selection mechanism.pdf</a></span></p><p><span class="file"><span class="file"><a href="http://indianlaw.org/sites/default/files/ILRC%20statement%20re%20modalities_Feb17%20%28Final%29.pdf" type="application/pdf; length=152526">ILRC statement re modalities.pdf</a></span></span></p><br /><p><strong><a href="http://indianlaw.org/wcip/nformal-consultations-indigenous-participation-un-january-31-2017">Video Testimony - January 31</a></strong><br /><br />AM Session - Venues of Participation<br /><a href="https://youtu.be/e7pqasBzYMI">Karla General, Indian Law Resource Center</a><br /><a href="https://youtu.be/fidae-sCq1Y">Will Micklin, 2nd Vice President, Central Council of Tlingit and Haida Indian Tribes of Alaska</a><br /><br />AM Session - Modalities of Participation<br /><a href="https://youtu.be/PSEzyPA1CGw">Karla General, Indian Law Resource Center</a><br /><a href="https://youtu.be/mV13EdYnSQE">Will Micklin, 2nd Vice President, Central Council of Tlingit and Haida Indian Tribes of Alaska</a><br /><br />PM Session - Selection Mechanism<br /><a href="https://youtu.be/5opy5csuCN8">Lynn Malerba, Lifetime Chief, Mohegan Tribe</a><br /><a href="https://youtu.be/ks9nHM-QPXE">Will Micklin, 2nd Vice President, Central Council of Tlingit and Haida Indian Tribes of Alaska</a></p><p>PM Session - Selection Criteria<br /><a href="https://youtu.be/u8QCX88un1A">Karla General, Indian Law Resource Center</a><br /><br />Statements<br /><a href="http://indianlaw.org/sites/default/files/ILRC%20statement%20re%20accreditation%20standards_1.pdf">Download ILRC statement re accreditation standards</a><br /><a href="http://indianlaw.org/sites/default/files/ILRC%20statement%20re%20modalities_0.pdf">Download ILRC statement re modalities</a><br /><a href="http://indianlaw.org/sites/default/files/ILRC%20statement%20re%20selection%20mechanism%20%28February%20Consultation%29%20%28Final%29.pdf">Download ILRC statement re selection mechanism </a><br /><a href="http://indianlaw.org/sites/default/files/ILRC%20statement%20re%20venue_0.pdf">Download ILRC statement re venue</a><br /><br /><br /><a href="http://indianlaw.org/wcip/http%3A//indianlaw.org/wcip/informal-consultations-indigenous-participation-un/Dec14"><strong>Video Testimony Day 1- Dec. 14, 2016</strong></a><br /><br />AM Session- Venues of Participation<br /><a href="https://www.youtube.com/watch?v=y3oU_Zm65rM">Will Micklin, 2nd Vice President, Central Council of Tlingit and Haida Indian Tribes of Alaska </a><br /><a href="https://www.youtube.com/watch?v=r6JkmMipre4">Chris Foley, Indian Law Resource Center</a></p><p>PM Session - Participation Modalities<br /><a href="https://www.youtube.com/watch?v=rL0J9JzG4xU">Terri Henry, Secretary of State, Eastern Band of Cherokee Indians </a><br /><a href="https://www.youtube.com/watch?v=out1Uv6PJRM">Karla General, Indian Law Resource Center</a><br /><br /><strong><a href="http://indianlaw.org/http%3A//indianlaw.org/wcip/http%253A//indianlaw.org/wcip/informal-consultations-indigenous-participation-un/Dec15">Video Testimony Day 2 - Dec. 15, 2016</a></strong><br />AM Session - Recognition/Selection Mechanism<br /><a href="https://youtu.be/wWwb97nQp70">Will Micklin, 2nd Vice President, Central Council of Tlingit and Haida Indian Tribes of Alaska - Accreditation</a><br /><a href="https://youtu.be/NZuIp6f-CP4">Chris Foley, Indian Law Resource Center</a></p><p>PM Session - Selection Criteria<br /><a href="https://www.youtube.com/watch?v=CtzVBAwDjfs">Will Micklin, 2nd Vice President, Central Council of Tlingit and Haida Indian Tribes of Alaska - Identification </a><br /><a href="https://youtu.be/roD42gjLOY4">Karla General, Indian Law Resource Center</a><br /><a href="https://youtu.be/ET4e4tMxb4g">Terri Henry, Secretary of State, Eastern Band of Cherokee Indians </a></p><p>Statements<br /><span class="file"><a href="http://indianlaw.org/file/4331/download?token=FjYIDmih" type="application/pdf; length=160909">Download ILRC statement re accreditation standards.pdf </a></span><span class="file"><a href="http://indianlaw.org/file/4332/download?token=28iEFPiL" type="application/pdf; length=217445">Download ILRC statement re modalities.pdf </a></span><span class="file"><a href="http://indianlaw.org/file/4333/download?token=ChkgxQBo" type="application/pdf; length=260990">Download ILRC final statement re recognition selection mechanism.pdf </a></span><a href="http://indianlaw.org/sites/default/files/ILRC%20statement%20re%20venue.pdf"><span class="file">Download ILRC statement re venue.pdf</span></a></p><p> </p><p> </p> Wed, 14 Dec 2016 22:38:40 +0000ginny1286 at http://indianlaw.orghttp://indianlaw.org/wcip/informal-consultations-indigenous-participation-un#commentsLaw Reformhttp://indianlaw.org/lawreform
<p><img alt="" class="floatright" src="/sites/default/files/images/justin2_0.jpg" style="width: 300px; height: 276px; margin: 10px; float: right;" />Our Law Reform project is directed at increasing understanding and support for the sovereign rights of Indian and Alaska Native nations and assisting them in winning needed improvements in federal law. The law affecting tribes is terribly antiquated and unfair. Among the most serious problems are the impediments of federal law that unfairly restrict economic development for all tribes and perpetuate great poverty on many reservations and in Alaska Native villages.</p><p>Our project aims to promote economic development, help reduce poverty, and improve the living conditions of Indian and Alaska Native peoples living on reservations and in Alaska Native villages by assisting tribes to identify and remove the legal restrictions and barriers that deny economic opportunity to tribes.</p><p>The persistence of extreme poverty on many reservations, despite generations of economic development efforts, is due in large measure to the antiquated framework of federal law that creates terrible barriers and impediments for tribes and a very poor business climate on many reservations. A reasonably fair and workable legal system is necessary for economic development, but such a legal framework does not exist for tribes today. Under current law, the federal government controls most Native land and natural resources, often mismanaging them and failing to account for the resources and moneys owed to the tribes and individuals.</p><p>Poverty on Indian reservations is more severe than for any other population in the United States. Some 36% of Indian families on reservations live below the poverty line, compared with the national average of 9.2% for all families. Figures for many rural reservations, including large reservations such as the Navajo and Pine Ridge reservations, are far worse, with poverty rates higher than 60%. Some tribes have succeeded with economic development and have improved conditions a great deal, but even these tribes are unfairly restricted by outmoded federal laws.</p><p>Through data collection and analysis, legal research, and through the creation of strategic and compelling educational and communications materials, our objective is to raise awareness and strengthen the arguments needed by tribal advocates to make a forceful and convincing case for legal change.</p><p>We are preparing materials to educate lawyers and law students about the prospect and need for legal change, with a view to completing a text for use in law schools. We provide legal assistance, reports, and research, without charge, to tribes seeking reforms or making recommendations for changing elements of federal Indian law. And we provide legal advice and assistance to tribes to enable them to carry out human rights advocacy in the United Nations, to assert their rights as nations, to protect tribal assets, and to demand the removal of barriers to economic development.</p> <div id="block-block-50" class="block block-block share">
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Thu, 12 Nov 2015 16:50:08 +0000ginny1188 at http://indianlaw.orghttp://indianlaw.org/lawreform#commentsImplementing UNDRIP - Key Actions and Dates for Tribal Leadershttp://indianlaw.org/content/implementing-undrip-key-actions-and-dates-tribal-leaders
<img src="http://indianlaw.org/sites/default/files/styles/full_width_image/public/photo%2851%29.JPG?itok=_SY4oDGI" width="1170" height="878" alt="" /> <p><em><span style="font-size:9px;"><span class="fbPhotosPhotoCaption" data-ft="{&quot;tn&quot;:&quot;K&quot;}" tabindex="0"><span class="hasCaption">Will Micklin, 1st vice president of the Central Council of Tlingit and Haida Indian Tribes of Alaska, participated in the World Conference on Indigenous Peoples on Sept. 22-23, 2014 in New York City.</span></span></span></em></p><p><br />June 24, 2015 | Follow-up work on key commitments made by the United Nations to implement the UN Declaration on the Rights of Indigenous Peoples is progressing quickly. In the World Conference Outcome Document, the General Assembly agreed to (1) address the idea of an implementing/monitoring body for the UN Declaration; (2) consider ways to enable the participation of indigenous peoples’ representatives and institutions in the UN; (3) address violence against indigenous women; and (4) respect sacred places (¶¶ 19, 27, 28, 31, 33, 40 of the Outcome Document).<br /><br />Below are proposals about the need for a strong and effective implementing and monitoring body by the UN, the adoption of new rules for participation of indigenous peoples’ (tribal) governments in the UN, and actions to combat violence against indigenous women. The three memoranda include more details about what elements could and should be included as the UN considers these issues in the coming months.<br /><br /><br /><strong>The following information should be used as a roadmap/schedule for important events in the next several months. </strong><br /> <br />1. <u><strong> April 6</strong></u> <span class="st">— </span>The deadline to fill out the questionnaire to inform the Secretary-General’s report and recommendations for carrying out the World Conference commitments. The report will be submitted to the UN Economic and Social Council (<a href="http://www.un.org/en/ecosoc/">ECOSOC</a>) sometime in May for the July session of ECOSOC. In order to provide input for this report and recommendations, we, all of us, should complete and return the on-line questionnaire: <a href="https://www.surveymonkey.com/r/WCIP">https://www.surveymonkey.com/r/WCIP</a>. Those with NGO status can participate in the ECOSOC session in New York in July and make oral and written responses to the Secretary-General’s report and recommendations.</p><p><span style="color:#ff0000;">*The deadline for submitting the questionnaire has been extended until December 2015. Responses will continue to inform the development of the system-wide action plan to achieve the ends of the <span class="caps">UN</span> Declaration on the Rights of Indigenous Peoples, and other follow-up work of the World Conference.</span></p><p><br />2. <u><strong>June 15-July 3 </strong></u>— Human Rights Council will meet in Geneva and consider the issue of violence against women.<br /> <br />4. <u><strong> July </strong></u>— ECOSOC will meet in New York and consider the Secretary-General’s report.<br /> <br />5. <u> <strong>July 20-24</strong></u> <span class="st">— </span>The Expert Mechanism on the Rights of Indigenous Peoples will meet in Geneva to discuss how its mandate and composition might be changed to serve as a monitoring and implementing body.<span style="color:#ff0000;">The <span class="caps">EMRIP</span> session will include a consultation with indigenous peoples’ representatives and states to receive comments on the draft system-wide action plan to achieve the ends of the <span class="caps">UN</span> Declaration. A draft of the plan is expected soon.</span><br /> <br />6. <u><strong>September 14-October 2 </strong></u><span class="st">—</span> Human Rights Council, Geneva, will adopt a resolution or resolutions on indigenous peoples and particularly on the matter of changing The Expert Mechanism to serve as an implementing and monitoring body. The resolution(s) will then go to the General Assembly.<br /> <br />7. <u><strong>September </strong></u>— the Secretary-General intends to introduce a report to the General Assembly with recommendations regarding, among other things, the implementing body and participation of indigenous governments in the UN.<br /> <br />If you are able to represent your nation or tribe and participate in one or more of these meetings, please notify the Center at <a href="mailto:kgeneral@indianlaw.org">kgeneral@indianlaw.org</a>. The Center is available to help with additional information about the various meetings. Center staff will be at most of these meetings and we hope that some of you can join us in this important work.</p> Thu, 19 Mar 2015 17:55:34 +0000ginny1076 at http://indianlaw.orghttp://indianlaw.org/content/implementing-undrip-key-actions-and-dates-tribal-leaders#commentsWords Into Actionhttp://indianlaw.org/undrip/words-action
<p><img alt="" class="floatright" src="/sites/default/files/images/karlageneral.jpg" style="width: 250px; height: 167px; margin: 10px; float: right;" title="Karla General" />Four years ago, on December 16, 2010, when the United States issued its statement of support for the UN Declaration on the Rights of Indigenous Peoples, it joined the world community in welcoming a new era of human rights. </p><p>For the first time in the history of international human rights, indigenous peoples were seen as equals, entitled to all the rights guaranteed to all other human beings. Today, we commemorate the battles fought and won by this and previous generations to secure a permanent place for indigenous peoples in the world community. </p><p><em><strong>Affirming Rights</strong></em></p><p>When President Obama announced the United States’ support of the UN Declaration, he said, “what matters far more than words are actions to match those words.” This was a historic year of action for indigenous peoples in the United States. In September, the first World Conference on Indigenous Peoples made key decisions supported by 100 tribal nations in the United States to affirm the rights in the UN Declaration and take actions to put them into effect, including:</p><ul><li>Initiating a process to create a permanent body in the UN system that will monitor and encourage implementation of the Declaration;</li><li>Considering options for a General Assembly decision to make it possible for tribal and other indigenous governments to participate in UN meetings on a permanent basis;</li><li>Intensifying efforts to end violence against indigenous women; and</li><li>Recognizing the importance of indigenous peoples’ sacred places.</li></ul><p>The details of these decisions will be worked out by various UN bodies in the next 22 months, including the Human Rights Council. Importantly, just before the World Conference, the United States appointed Keith Harper as the United States Ambassador to the Human Rights Council. A citizen of the Cherokee Nation, Ambassador Harper will play a key role in putting the decisions of the Conference to work.</p><p><em><strong>Aligning Actions and Policies</strong></em></p><p>The United States does appear to be taking steps toward bringing its laws and policies in line with the UN Declaration. With legislative victories like passage of the Tribal General Welfare Exclusion Act and, most recently, the repeal of Section 910 of the Violence Against Women Reauthorization Act of 2013 (VAWA), which excluded Alaska Native Villages from key protections, tribal nations are gaining good ground in protecting their economies and their citizens. </p><p>Administratively, agencies are revising their tribal consultation policies in keeping with Executive Order 13175 of 2000 (Consultation and Coordination with Indian Tribal Governments) and the Presidential Memorandum of 2009 (Tribal Consultation). Some agencies reference the UN Declaration in their revised policies and, at least when dealing with sacred places, several agencies work together to promote some of the rights in the Declaration.</p><p><em><strong>Accountability Matters</strong></em></p><p>The United States was called to task on its human rights obligations in 2014 like no other year before. Treaty monitoring bodies reviewed its human rights record for compliance with the International Covenant on Civil and Political Rights, the International Convention on the Elimination All Forms of Racial Discrimination, and the Convention Against Torture. </p><p>In March, the Human Rights Committee expressed concern over the rate of domestic violence against American Indian and Alaska Native women in the United States and recommended full and effective implementation of VAWA, including measures to assist tribal nations. In August, the Committee on the Elimination of Racial Discrimination called on the United States to intensify its efforts to prevent and combat violence against Native women and to ensure all cases of violence are appropriately investigated and prosecuted. The United States was also reviewed by the Committee Against Torture in November, and will be subject to a more comprehensive review in 2015 during its second Universal Periodic Review. In October, the Inter-American Commission on Human Rights, during a follow-up hearing of the Jessica Lenahan case, noted little to no progress since its initial recommendations to the United States in 2011, and again called on the United States to address the legislative and structural causes of violence against women.</p><p>The United States has indeed come a long way to support indigenous rights since it first voted against the UN Declaration in 2007. Yet, in 2014, international human rights treaty bodies have identified several areas in need of improvement. Indigenous peoples know there are many more gaps in implementation and are working to realize certain rights in the UN Declaration. Following the World Conference, some indigenous leaders are proposing an Executive Order calling for the executive branch to review federal administrative laws and practices for consistency with the UN Declaration. Much work therefore remains in the coming years to bring federal laws and practices in line with international human rights standards, and to ensure words do become effective actions that bring lasting improvements to the well-being of tribal nations. </p><p><em>*Karla E. General (Mohawk) is a Staff Attorney with the Indian Law Resource Center in Washington, D.C. Her work supports the implementation of the UN Declaration on the Rights of Indigenous Peoples and the Center’s effort to end violence against indigenous women through the Safe Women, Strong Nations project. Karla is a graduate of Syracuse University College of Law and earned her Masters in Sociology from the Maxwell School at Syracuse. She is admitted to practice law in New York.</em></p> Tue, 16 Dec 2014 15:42:22 +0000ginny1069 at http://indianlaw.orghttp://indianlaw.org/undrip/words-action#commentsThe World Conference on Indigenous Peoples: Why It Matters http://indianlaw.org/content/world-conference-indigenous-peoples-why-it-matters
<p><img alt="" class="floatright" src="/sites/default/files/images/10686818_871656069520080_7556410617454802423_n.jpg" style="width: 300px; height: 200px; margin: 10px; float: right;" title="Karla General, Center attorney, provides support to leaders during the World Conference on Indigenous Peoples. Photo by Ryan RedCorn. " />This week, hundreds of tribal leaders attended the annual White House Tribal Nations Conference in Washington, DC to discuss their issues and priorities for the next year with members of President Obama’s administration. </p><p>The 2014 White House Conference comes on the heels of the historic United Nations World Conference on Indigenous Peoples, which took place in September 2014. It was therefore a particularly timely opportunity to remind the United States of the commitments it made in the World Conference Outcome Document. </p><p>One action the administration can take consistent with the Outcome Document — to respect the rights of indigenous peoples and to put into effect the UN Declaration on the Rights of Indigenous Peoples — is for the President to issue an executive order directing all federal departments and agencies to review their laws and policies in consultation with tribes to determine what changes are needed to comply with the UN Declaration.</p><p>What makes the World Conference so important for tribal leaders is that it was the first meeting of all 193 of the UN's member states specifically dedicated to taking actions and making concrete commitments to contribute to the realization of the rights of indigenous peoples, including those in the UN Declaration. And tribal leaders showed up in force to ensure commitments made by the UN would benefit their tribal nations. The Indian Law Resource Center was honored to support tribal leaders and help them prepare for and participate in the World Conference. Never before have we seen so many indigenous participants, especially tribal leaders, engaged in the UN system. The result of the World Conference, namely the Outcome Document, was strengthened because of the participation of tribal leaders. It includes key commitments by the UN and member states that will strengthen the UN system and its effectiveness in protecting and promoting the rights of indigenous peoples.</p><p>Some important elements of the Outcome Document include:</p><ul><li>Initiating a process to create a permanent body in the UN system that will monitor and encourage implementation of the Declaration;</li><li>Considering options for a General Assembly decision to make it possible for tribal governments and other indigenous governments to participate in UN meetings on a permanent basis;</li><li>Giving particular attention to the epidemic of violence against indigenous women, including American Indian and Alaska Native women in the United States; and</li><li>Recognizing the importance of indigenous peoples’ sacred places.</li></ul><p>These commitments were supported by 100 tribal nations in the U.S. </p><p>These commitments matter to tribal leaders because large disparities in economic and political power make tribal nations especially vulnerable to wrongdoing. The first commitment, an implementing body for the UN Declaration, can and must ensure that tribal leaders in the United States will be able to address violations of their collective human rights, including violations of treaty rights, self-determination, and self-government. The implementing body can be used to pressure the United States to review its laws and policies for consistency with the UN Declaration, something tribal leaders have repeatedly called for at previous White House Conferences. The implementing body can also promote protection of sacred places and the realization of the rights of indigenous women to be free of violence. The need for action to end violence against indigenous women is particularly acute in the United States where 1 in 3 American Indian/Alaska Native women will be raped and 3 in 5 will be physically assaulted, and especially in Alaska, where Alaska Native women comprise just 19% of the population but 47% of the reported victims of rape. Yet, <span style="font-size: 12px; line-height: 19.2000007629395px;">United States laws </span><span style="font-size: 12px; line-height: 1.6em;">have largely stripped </span><span style="font-size: 12px; line-height: 19.2000007629395px;">Indian nations </span><span style="font-size: 12px; line-height: 1.6em;">of their authority to prosecute such crimes.</span></p><p>This matters to tribal leaders because all of the commitments in the Outcome Document have now been enshrined in a General Assembly resolution, representing a consensus of all 193 UN countries, including the United States. The Outcome Document represents a commitment by the UN and member states to ensure the promise of the UN Declaration is not lost. And these commitments can be worked into key advocacy positions and the policy strategies of tribal nations. Tribal leaders can also leverage the Outcome Document and the UN system to make real changes at home, including calling for much needed changes to bring federal and state laws and policies in line with the UN Declaration. </p><p>The World Conference presented a rare opportunity to bring the UN Declaration into effect; yet, much work remains to ensure the decisions made result in effective actions that actually promote and protect the rights of indigenous peoples. Many of the details will be worked out by various UN bodies in the next two years. Tribal leaders can and must participate in the remaining work in the UN. Please join us in securing our rightful place in the world community.</p> Fri, 05 Dec 2014 00:17:10 +0000ginny1068 at http://indianlaw.orghttp://indianlaw.org/content/world-conference-indigenous-peoples-why-it-matters#commentsWorld Conference on Indigenous Peopleshttp://indianlaw.org/worldconference
<p><img alt="" src="/sites/default/files/images/Story/WCIP.png" style="width: 1170px; height: 274px;" /></p><p>On September 22 and 23, 2014, the United Nations held the World Conference on Indigenous Peoples in order to share perspectives and best practices on the realization of the rights of indigenous peoples, including to pursue the objectives of the UN Declaration on the Rights of Indigenous Peoples. The World Conference resulted in a concise, action-oriented outcome document with major commitments by the UN and member states to advance the rights of indigenous peoples.</p><p><strong>The Need for a World Conference on Indigenous Peoples</strong></p><p>The UN Declaration on the Rights of Indigenous Peoples was a major victory for indigenous peoples. The result of 35 years of work and negotiations, the Declaration is a global statement of the rights of Indian and Alaska Native tribes and all other indigenous peoples regarding rights of self-determination, self-government and autonomy, rights to lands and resources, the right to be free of violence and discrimination, and many other rights.</p><p>Yet since adoption of the UN Declaration in 2007, many countries have shown little understanding of indigenous peoples’ rights and little inclination to respect valuable rights to lands and resources and key political and social rights such as the right of self-determination and the right to maintain indigenous cultures, languages, and traditions.</p><p>Human rights instruments like the UN Declaration on the Rights of Indigenous Peoples have little effect unless steps are taken to implement their provisions. Without strong and effective measures at the international level to encourage countries to carry out their human rights obligations, the promise of the UN Declaration may be lost. The World Conference on Indigenous Peoples was an historic opportunity to ensure the promises of the Declaration are fulfilled, and that the rights of indigenous peoples will be respected.</p><p><br /><strong>What did the World Conference achieve?</strong></p><p>More than 150 indigenous nations, organizations, and Native women’s coalitions joined together and worked for two years in advance of the World Conference to advocate for four concrete measures to bring the Declaration into effect, and thousands of indigenous peoples, nations, representatives, and governments attended the World Conference to support UN action to implement the Declaration.</p><p>All four of the measures supported by the group of indigenous nations were included in some form in the final outcome of the Conference – the <a href="http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/69/2">World Conference Outcome Document</a> – adopted by consensus of all 193 member states of the United Nations on September 22, 2014. These include commitments to</p><ol><li>Transform the Expert Mechanism on the Rights of Indigenous Peoples into an effective implementing and monitoring body for the UN Declaration.</li><li>Secure new rules that will give indigenous governments a more appropriate status in the UN and allow them to participate fully and permanently in UN processes and activities.</li><li>Bring greater UN study, attention, and action to address the issue of violence against indigenous women.</li><li>Increase respect and protections for indigenous peoples’ sacred sites.</li></ol><p><a href="http://www.indianlaw.org/wcip/swsn/Sept-statements"><strong>Read/watch statements made on behalf of the delegation during the World Conference</strong></a></p><p><br /><strong>The Role of the Indian Law Resource Center</strong></p><p>The Center works to assist Indian and Alaska Native nations and other indigenous peoples to realize their rights in the UN Declaration on the Rights of Indigenous Peoples. Recognizing the unique opportunity presented by the World Conference to secure concrete commitments by the UN and member states to respect and promote the UN Declaration, the Center worked to coordinate with over 150 indigenous nations, organizations, and Native women’s coalitions to secure positive and lasting outcomes from the Conference. The Center produced memos and guiding documents with concrete proposals on four issues, proposals broadly supported by the group of supporters. More information about the specific proposals and recommendations of the group of indigenous nations is available at <a href="http://indianlaw.org/wcip/proposals">Proposals</a>. For a list of supporters, see the <a href="http://indianlaw.org/wcip/supporters">supporters</a> page. The Center’s early and consistent engagement led to the ultimate success of the World Conference in 2014, and will continue in order to ensure full implementation of the World Conference Outcome Document.</p><p><br /><strong>What is happening now?</strong><br /><br />Now, the work to ensure these commitments are fully implemented is underway in various UN bodies – in New York and Geneva. The UN and member states have committed to making changes in the UN system to advance indigenous peoples’ rights.</p><p>It will take a concerted effort to ensure the commitments made at the World Conference are fully executed in order to secure an effective implementing body for the Declaration, establish new rules to facilitate meaningful participation of indigenous governments in the UN, and bring greater study and UN attention to ending violence against indigenous women and protecting sacred places.</p><p>Click on our <a href="http://indianlaw.org/wcip/updates">updates</a> section for the latest information about these ongoing discussions and upcoming meetings.</p> Fri, 07 Mar 2014 16:05:45 +0000ginny1034 at http://indianlaw.orghttp://indianlaw.org/worldconference#commentsMohawk Land Rightshttp://indianlaw.org/molr/home
<p><big>T</big>he Indian Law Resource Center has been working for over 30 years to help the Mohawk Nation reclaim thousands of acres of land that is rightfully theirs.</p><p>Nearly 200 years ago, the homelands of the Mohawk Nation were illegally taken from them by the State of New York, and the people were relegated to a remote reservation of only a few square miles on the St. Lawrence River. New York State had stolen approximately 7,000 acres reserved to the Mohawks by federal treaty, taken in violation of federal law – the Federal Trade and Intercourse Act. After many years of court battles, negotiations, and at times, intense conflict, the Mohawk community decided it had little choice but to initiate a lawsuit in federal court for the return of their lands.</p><p>The Center helped the Mohawk Nation file a class-action case in the late 1980s, and we continue to this day to represent them in major federal litigation to resolve their land rights. Our client is the traditional Haudenosaunee government of the Mohawk Nation.</p><p>The goal of this land rights litigation is to secure a measure of justice for the Mohawk Nation, including the return of lands near the Canadian border that includes many islands in the St. Lawrence River. We want to begin to overturn more than a century of legal rulings that are racially discriminatory and thus opposed to the principle of equality before the law.</p><p>In 2005, we reached a historic negotiated settlement of the case, and a bill to implement the settlement passed the New York State Assembly. Unfortunately, adverse decisions in other court cases, the Cayuga case and the Sherrill case, caused some of the defendants to withdraw their support for the settlement agreement. We returned to court in 2006 and 2007 to defeat the motions filed by the defendants to dismiss the case. To do so, we called upon experts in history, law, demographics, and real estate appraisal, and documented exhaustively the Mohawks’ history of protesting the taking of their lands and of their continuing presence in the land claim area.</p><p>On July 8, 2013, Judge Kahn of the federal district court in Albany upheld the Mohawk claim to approximately 2,000 acres of land near Hogansburg, New York. The court also upheld the Mohawk claim that Niagara Mohawk Power Corporation unlawfully acquired a right of way for a power line across the Akwesasne Mohawk Reservation in 1948. The Reservation is near Hogansburg and the U.S-Canada border. Judge Kahn rejected arguments that the Mohawks waited too long to make these claims and that the claims disrupt the expectations of the non-Indian landowners.</p><p>The <span class="caps">U.S.</span> Supreme Court decided in <em>City of Sherrill v. Oneida Indian Nation</em> in 2005 that an Oneida Nation suit must be dismissed because the Court said the Oneida Nation had waited too long to file suit and the suit would disrupt the expectations of others in the area. Major land claims by other Indian nations in New York were later dismissed on the same reasoning. This is the first claim case since the Supreme Court’s decision in <em>City of Sherrill</em> that has not been dismissed. Though Judge Kahn’s decision will almost certainly be appealed, the decision brings the Mohawks one step closer to achieving a fair and just resolution of their land claims.</p> Mon, 12 Jul 2010 19:10:53 +0000admin578 at http://indianlaw.orghttp://indianlaw.org/molr/home#commentsTimbisha Shoshone Tribehttp://indianlaw.org/tst/home
<p><img alt="" class="floatright" src="/sites/default/files/images/IMG_0903.jpg" style="width: 200px; height: 133px; margin: 10px; float: right;" />An example of the unfairness of federal law and the injustice of federal administrative action to Indian tribes is the recent treatment of the Timbisha Shoshone Tribe, a small tribe in Death Valley, California. Some years ago, the Timbisha Shoshone Tribe and other Western Shoshone tribes were awarded compensation by the Indian Claims Commission, and the money was placed in the U.S. Treasury in trust for the tribes. Then, in 2004, Congress passed an act taking all of the money away from the tribes and ordering the money to be distributed to individual Indians – not necessarily members of the tribes. Congress made up its own rules about who would get the money. The tribes were left with nothing out of the money they had been awarded. More than $140 million was simply taken from them without compensation and without due process of law.</p><p>With our help, the Timbisha Shoshone Tribe fought back by suing to stop the taking of the fund on the ground that taking the Tribe’s money without compensation or due process is a violation of the U.S. Constitution. We filed suit in 2010. Certainly, if this case involved the taking of money from anyone other than an Indian tribe, the taking would be barred by the Constitution. The federal government argued that because the money belonged to a tribe, Congress could take all the money and give it to others. Indeed, the federal government argues that it can take or dispose of all money and property belonging to any tribe, without any restriction at all and with no obligation to compensate the tribe. Obviously, this is unjust and discriminatory.</p><p><img alt="" class="floatleft" src="/sites/default/files/images/More%20Timbisha%20pics%20079.jpg" style="width: 200px; height: 124px; margin: 10px; float: left;" />The federal government also argued that the Timbisha Shoshone Tribal Council could not sue the federal government unless the federal government itself recognized the Tribal Council. The Department of the Interior withdrew its recognition of the Tribal Council. Later, when the case was on appeal, the Department installed a new tribal government in complete violation of federal law and the Timbisha Shoshone Constitution. Interior Department lawyers then argued that the lawsuit could not go on because the Timbisha Tribal Council had been replaced by the Interior Department. The government lawyers argued in court that the Department of the Interior had the absolute authority to simply do away with any tribal government in order to prevent it from suing. Although this is not the law, the Court of Appeals accepted the argument and dismissed the case in 2012. Again, the absolute and legally uncontrolled power of the federal government was used to prevent a small Indian tribe from protecting itself and its resources. This could not happen to others – only to Indian tribes.</p><p>In 2014 The BIA conducted an “election” or referendum to adopt a new Timbisha constitution establishing new membership rules for the Tribe, and the BIA deliberately permitted many non-members to vote in that election. In this way, the BIA allowed non-members to vote themselves into the Tribe, without any effort by the BIA to comply with the long-recognized Tribal constitution.</p><p>Center lawyers represented the last lawfully elected council members in an administrative appeal challenging the BIA’s illegal election. That appeal was denied, but we are continuing to help the Tribe’s legitimate leadership to challenge the BIA’s takeover of the Tribe. We are making a demand for all the relevant BIA documents under the Freedom of Information Act, and we are assisting with an appeal by the Tribe in another federal lawsuit in the Ninth Circuit Court of Appeals challenging the Interior Department’s illegal actions in installing a new and unlawful Timbisha government.</p><p>This small tribe of mostly traditional Timbisha people has been deprived of almost everything by the federal government, and yet it fights on against the federal government’s unconstitutional “plenary power” and its illegal actions. We will continue to fight alongside them as long as necessary.</p> Mon, 12 Jul 2010 19:09:47 +0000admin577 at http://indianlaw.orghttp://indianlaw.org/tst/home#comments